HB4761 - Relating to the summer electronic benefits transfer for children program.

  89R4053 LRM-D     By: A. Davis of Dallas H.B. No. 4761       A BILL TO BE ENTITLED   AN ACT   relating to the summer electronic benefits transfer for children   program.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Chapter 33, Human Resources Code, is amended by   adding Subchapter C to read as follows:   SUBCHAPTER C. SUMMER ELECTRONIC BENEFITS TRANSFER FOR CHILDREN   PROGRAM           Sec. 33.101.  DEFINITIONS. In this subchapter:                 (1)  "Agency" means the Texas Education Agency.                 (2)     "Eligible child" means a child described by   Section 33.104(a).                 (3)     "Program" means the summer electronic benefits   transfer for children program.           Sec.   33.102.     PROGRAM DEVELOPMENT AND IMPLEMENTATION. (a)     The commission, with assistance from the department and the agency,   shall develop and implement the summer electronic benefits transfer   for children program to ensure continued access by eligible   children to food during the summer months in which public schools   are not in regular session.   The program must be designed in a   manner that meets the requirements of 42 U.S.C. Section 1762,   subject to Subsection (b).           (b)     In developing the program, the commission, department,   and agency shall:                 (1)     identify program elements that, if granted   flexibility from the United States Department of Health and Human   Services with respect to the elements, would enhance the   effectiveness of the program in ensuring continued access to food   by eligible children during the summer months; and                 (2)     actively seek approval from that federal agency   for that flexibility.           Sec.   33.103.     MEMORANDUM OF UNDERSTANDING; INFORMATION   SHARING.   (a)   The commission, department, and agency shall enter   into a memorandum of understanding defining the roles and   responsibilities of each agency with respect to the program's   implementation.           (b)     The commission, department, and agency may share with   each other information relevant to the program's operation.     Information shared as provided by this subsection must be kept   confidential except to the extent another law authorizes or   requires disclosure of that information.           Sec.   33.104.     PROGRAM ELIGIBILITY AND ENROLLMENT. (a)   A   child described by 42 U.S.C. Section 1762(c)(1)(A) or (B) is   eligible for program benefits.           (b)     The commission shall ensure automatic enrollment in the   program of a child described by 42 U.S.C. Section 1762(c)(1)(A)   without further application, except that the commission shall   provide a process by which the parent or guardian of a child   eligible for automatic enrollment may opt out of participation in   the program.           (c)     The commission by rule shall provide for an application   and eligibility determination process for a child described by 42   U.S.C. Section 1762(c)(1)(B).           Sec.   33.105.     PROGRAM BENEFITS. (a)   The commission shall   provide program benefits to each eligible child who enrolls in the   program through an electronic benefits transfer card or another   electronic method.           (b)     Program benefits may be used only to purchase food   consistent with 42 U.S.C. Section 1762(b)(1)(A).           Sec.   33.106.     FUNDING. The commission, department, and   agency shall actively seek and apply for any available federal   money or grants from any source to assist in financing the program.           Sec.   33.107.     RULES. The executive commissioner may adopt   rules necessary to implement this subchapter.          SECTION 2.  If before implementing any provision of this Act   a state agency determines that a waiver or authorization from a   federal agency is necessary for implementation of that provision,   the agency affected by the provision shall request the waiver or   authorization and may delay implementing that provision until the   waiver or authorization is granted.          SECTION 3.  This Act takes effect September 1, 2025.